A government planning inspector will have the final say on controversial plans for a large housing estate after council delays in reaching a decision.

Fernham Homes announced proposals back in December 2021 to build 154 homes along with shops and a day nursery at Lady Dane Farm in Love Lane, Faversham.

But after Swale Borough Council failed to make a decision within the set time limit of 12 weeks, known as non-determination, the firm’s agent DHA Planning lodged an appeal with the Planning Inspectorate.

It marks the latest twist in a long-running saga that has seen multiple amendments to the plans put forward.

An identical planning application was also submitted earlier this month to give the council another opportunity to decide on the development, while the planning inspector considers the appeal.

The housing scheme had been set to be built in two stages across the 36-acre site, with a full application to erect 84 homes alongside three shops.

The developer also put forward outline proposals for the rest of the project, which would include another 70 houses, a nursery and a care home along with more shops and open spaces.

Of the decision to lodge an appeal, a Fernham Homes spokesman told the Faversham News it was important to “have certainty on timescales for planning decisions”.

They said: “Fernham Homes submitted the original planning application at Lady Dane Farm in December 2021.

“Further information was provided to Swale Borough Council in 2022 and early 2023, including in relation to urban design and the significant economic benefits of the proposed development, to address comments which had been made.

“As a regional developer it is important for Fernham Homes to have certainty on timescales for planning decisions.

“Accordingly, as this application has been lodged since December 2021, an appeal to the Planning Inspectorate was submitted in February 2023.

“An identical planning application was submitted to Swale Borough Council in March 2023. It is understood that Swale will make a decision on this second application in late spring/summer 2023.”

Planning papers submitted in 2021 said the scheme would “contribute in a positive way towards Faversham and its character”.

However, the development has long been controversial, with Faversham residents airing concerns over its impact on infrastructure, employment and biodiversity.

Cllr Eddie Thomas, who represents the Watling ward, said: “Having a higher number of residents in the town without knowing exactly how infrastructure will be improved, with things like roads and sewage where the bodies don’t have a good track record, does cause concern.

“It hasn’t fitted with the local plan, the need for local employment is still quite paramount and the revisions seem to have cut back on the employment unit they were building there.

“The other big concern with all of the developments is the cutting down of trees and hedges. Many people in the town are very concerned that the biodiversity is being harmed.

“I think a lot of people are pleased it’s going to an inquiry, and I’d be surprised if the planning inspector approves the application as it is. I’d expect recommendations to be made.”

A Swale Borough Council spokesman said: “This is a major application so has a statutory timeframe to determine it within 12 weeks.

“If we go beyond this timeframe and have no extension of time agreed, the applicant has the right to appeal.

“In this case, we were working with the applicant to resolve outstanding matters, however, regrettably this was outside of agreeing an alternative timeframe and as such the applicant has decided to use their right to appeal.

“We are continuing to work positively and proactively with the applicant on the outstanding matters.”

Fernham Homes was formed in 1999 by Ian Fern and Michael Canham, and prides itself on “enhancing the area of Kent with only the finest new homes”.

The Lady Dane Farm development sits just a stone’s throw from a separate 284-home site built by Crest Nicholson.

Activist Carol Smith, of the Farms, Fields & Fresh Air: Faversham campaign group, railed against the plans following a virtual meeting held by Fernham Homes in November 2021.

“There are many things that concern us about these plans, which are on land used to grow blackcurrants,” she said.

“The Garden of Kent is quickly disappearing under more and more concrete and our soft and fruit farming heritage is being lost.”